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Dismissal relating to the National Minimum Wage

Employees will be unfairly dismissed (or selected for redundancy) if the reason, or the main reason, is that:

• they took (or proposed to take) any action with a view to enforcing a right conferred by the National Minimum Wage Act 1998; or
• their employer was prosecuted as a result of such action; or
• they qualify, or will or might qualify, for the national minimum wage.

There is no qualifying period of service or age limit for employees who wish to complain that they have been dismissed for one of these reasons.

While only employees can complain of unfair dismissal, workers who are not employees can complain to an employment tribunal that they have suffered a detriment if their contracts are terminated for any of these reasons, compensation being awarded on the same basis as for unfair dismissal. Both employees and workers who are not employees are also protected from detrimental action or deliberate inaction by their employer falling short of dismissal or termination of contract.

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